Understanding The 14Th Amendment: Rights And Citizenship

The Fourteenth Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses citizenship and the rights of citizens. It grants citizenship to all persons born or naturalized in the United States and extends liberties and rights granted by the Bill of Rights to formerly enslaved people. The amendment also includes the equal protection of the laws clause, which has been frequently litigated in landmark cases concerning racial discrimination, reproductive rights, election recounts, gender discrimination, and racial quotas in education.

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Citizenship and civil rights

The Fourteenth Amendment addresses citizenship and the rights of citizens. Passed by Congress on June 13, 1866, and ratified on July 9, 1868, it extended liberties and rights granted by the Bill of Rights to formerly enslaved people. It also granted citizenship to "All persons born or naturalized in the United States," thereby granting citizenship to those previously enslaved.

Section 1 of the Fourteenth Amendment formally defines United States citizenship and protects various civil rights from being abridged or denied by any state law or state action. It states that:

> "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

The Citizenship Clause overruled the Supreme Court's Dred Scott decision that African Americans could not become citizens. The Fourteenth Amendment's "equal protection of the laws" is the most commonly used and frequently litigated phrase in the amendment. It has been used in landmark cases such as Brown v. Board of Education (racial discrimination), Roe v. Wade (reproductive rights), and Bush v. Gore (election recounts).

The Due Process Clause of the Fourteenth Amendment explicitly applies the Fifth Amendment's similar clause to state governments. The amendment also includes an Insurrection Clause, which states that:

> "No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath [...] to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

Equal protection of the laws

The Fourteenth Amendment to the U.S. Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses citizenship and the rights of citizens. The amendment was part of the Reconstruction program to guarantee equal civil and legal rights to Black citizens following the Civil War.

A significant provision of the Fourteenth Amendment is the clause "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." This clause extends the right to due process and equal protection of the law to both the federal and state governments.

The phrase "equal protection of the laws" is the most commonly used and frequently litigated phrase in the amendment. It has been central to several landmark cases, including Brown v. Board of Education, which addressed racial discrimination in education, Roe v. Wade on reproductive rights, Bush v. Gore on election recounts, Reed v. Reed concerning gender discrimination, and University of California v. Bakke on racial quotas in education.

The Fourteenth Amendment guarantees that all persons born or naturalized in the United States and subject to its jurisdiction are citizens of the United States and the state in which they reside. It prohibits any state from making or enforcing laws that abridge the privileges or immunities of US citizens. The amendment ensures that citizens are protected from the deprivation of life, liberty, or property without due process of law and affirms their right to equal protection under the law.

In summary, the Fourteenth Amendment's "equal protection of the laws" clause is a cornerstone of US citizenship and civil rights, ensuring that all individuals within the country's jurisdiction are afforded equal treatment and protection under the law, regardless of race, gender, or any other factor.

Insurrection or rebellion

The Fourteenth Amendment of the U.S. Constitution addresses insurrection and rebellion in several sections. Firstly, Section 3, also known as the Insurrection Clause or Disqualification Clause, stipulates that individuals who have previously held public office and taken an oath to uphold the Constitution will be disqualified from holding "any office" if they engage in "insurrection or rebellion" against the United States. This clause specifically targets those who have given aid or comfort to the enemies of the United States. It is important to note that Congress has the power to remove this disqualification by a two-thirds vote of each House.

The Fourteenth Amendment also addresses the issue of insurrection and rebellion in the context of voting rights and representation. It states that if the right to vote in elections for choosing electors, representatives, or officers is denied or abridged for male citizens of a state, except for participation in rebellion or other crimes, the basis of representation shall be reduced proportionally. This provision ensures that states with a significant number of male citizens who have participated in rebellion or committed other crimes will have a reduced representation in Congress.

Additionally, the Fourteenth Amendment includes a Public Debt Clause in Section 4, which addresses the validity of public debt. It states that the debt incurred by the United States for suppressing insurrection or rebellion shall not be questioned. However, it also specifies that neither the United States nor any state shall assume or pay any debt incurred in aid of insurrection or rebellion against the United States. Such debts and claims are to be considered illegal and void.

The disqualification clause of Section 3 has been the subject of legal debate, particularly regarding its applicability to the presidency. While it theoretically applies to current and former federal, state, and military officials, there is ambiguity around its enforcement against a sitting or former president. The U.S. Supreme Court has not provided a clear ruling on this matter, and the clause has never been used to disqualify a president from holding office.

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Validity of public debt

The 14th Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, includes a section on the validity of public debt. This section, known as the Public Debt Clause, states that the validity of the public debt of the United States, authorised by law, shall not be questioned. This includes debts incurred for the payment of pensions and bounties for services in suppressing insurrection or rebellion.

The Public Debt Clause was inspired by the desire to ensure the obligations of the government issued during the Civil War were honoured. However, its language indicates a broader connotation, embracing whatever concerns the integrity of public obligations. This includes government bonds issued after as well as before the adoption of the Amendment.

The Clause specifically mentions that neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States. This includes any claims for the loss or emancipation of slaves, which are to be considered illegal and void.

The validity of public debt, as per the 14th Amendment, has been interpreted and reaffirmed in several court cases. One notable case is Perry v. United States (1935), where the Court concluded that a Joint Resolution attempting to override a gold-clause obligation in a government bond exceeded congressional power. This case demonstrated that the 14th Amendment's protection of the validity of public debt extends beyond the specific context of the Civil War and applies more broadly to government obligations.

In summary, the 14th Amendment's Public Debt Clause ensures the integrity of public obligations by preventing the questioning of authorised public debt, including that incurred during the Civil War. It also prohibits the assumption or payment of debts related to insurrection or rebellion and ensures the illegality of claims related to slave emancipation. The Amendment's broad interpretation has been upheld by the courts, reinforcing the validity and integrity of the United States' public debt obligations.

Due process

The Fourteenth Amendment to the US Constitution, passed by Congress on June 13, 1866, and ratified on July 9, 1868, addresses many aspects of citizenship and the rights of citizens. The amendment includes the following:

> No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

The Fourteenth Amendment's due process clause has played a significant role in shaping American society by defining and safeguarding essential rights. It ensures that all Americans can enjoy their right to life, liberty, and property without state interference. The due process clause guarantees certain fundamental rights and protects against harmful state action.

Procedural due process focuses on how the government makes decisions that impact a person's life, liberty, or property. Governments cannot make arbitrary decisions and policies that apply to criminal and civil cases. The Supreme Court has noted that due process under the US Constitution applies to legislative acts, unlike in English common law, where it only applies to executive and judicial acts.

Substantive due process, on the other hand, focuses on freedom from governmental interference in fundamental rights. While the extent of the rights protected by substantive due process may be controversial, its theoretical basis is well-established and underpins much of modern constitutional case law. The passage of the Reconstruction Amendments (13th, 14th, and 15th) empowered federal courts to intervene when states threatened the fundamental rights of their citizens.

The due process clause of the Fourteenth Amendment has been frequently litigated and has been central to several landmark cases, including Goldberg v. Kelly and the Slaughterhouse Cases.

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